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Greenville Motorcycle Accident Lawyer

Motorcycles are an inexpensive mode of transportation for South Carolina residents. Most riders enjoy the rush of adrenaline while on Greenville roads. However, motorcycle accidents are far too common on our roads, resulting in serious injuries or even death. The Greenville motorcycle accident lawyers at Hernandez & Cabra are ready to advise and represent you if you have been hurt in a motorcycle accident.

Hernandez & Cabra has handled many motorcycle accident cases. Our auto accident lawyers work hard to ensure victims get the compensation they deserve after accidents. After all, motorcyclists have the same rights while on Greenville roads as all other road users.

If someone else’s carelessness or negligence results in a motorcycle accident, you may have a case. You may be able to seek legal recourse if you or your loved one suffers severe or fatal injuries. An experienced Greenville motorcycle accident lawyer can review your personal injury case and advise you regarding your legal options for free.

Don’t let the negligent actions of another South Carolina driver cost you everything. Reach out to the motorcycle accident lawyers at Hernandez & Cabra to find out if you may be eligible for compensation for your losses.

Call us today at 864-501-4384 or fill out our contact form to schedule your free case review.

Table of Contents

How Can a Motorcycle Accident Lawyer Help With My Compensation Claim?

After a motorcycle accident, insurance adjusters will try to lure you into signing their forms. Hernandez & Cabra urges you to contact a motorcycle accident lawyer in Greenville before signing away your rights. Remember, claims adjusters only care about their bottom line — not your wellbeing.

Hiring a competent motorcycle crash lawyer is your best option after an accident. Hernandez & Cabra is ready to help you throughout your claims process in South Carolina. We will offer you sound legal advice and help you with all aspects of your case, including:

Conducting Extensive Investigations

Our legal team is prepared to gather and analyze evidence, such as CCTV footage, employment records, eyewitness statements, and police reports to build a strong personal injury claim. We will also get in touch with accident reconstruction specialists to discover what led to your motorcycle crash.

Calculating Your Damages and File a Claim

Hernandez & Cabra will ensure you get the compensation you deserve. Our motorcycle accident attorneys will determine the value of your claim by analyzing both economic and non-economic damages. We may also consult doctors and medical economists to determine the long-term cost implications of your injuries.

Once we conclude calculating the value of your Greenville motorcycle accident claim, our lawyers will file a demand letter pushing for maximum compensation.

Handling Your Settlement Negotiations

After our legal team has determined the value of your claim, we will handle settlement talks with the insurance carrier. You don’t have to worry about showing up to these talks if you are severely hurt. Hernandez & Cabra can handle this process on your behalf as you rest and recover. Rest assured that our Greenville motorcycle accident lawyers will aggressively negotiate to secure the best compensation for your injuries and damages.

Representing You in Court

Most personal injury claims are settled out of court. However, if claims adjusters don’t want to offer a fair settlement for your claim, Hernandez & Cabra will advise you to consider courtroom litigation. Our trial lawyers are ready to file your Greenville motorcycle accident lawsuit and represent you in court.

Our legal team won’t rest until you get the justice you deserve.

What Are the Most Common Causes of Motorcycle Accidents?

Most motorcycle crashes in Greenville, South Carolina, are avoidable and preventable. Unfortunately, the recklessness of drivers on our roads often leads to these accidents. Common causes of motorcycle wrecks include:

Distracted Driving

Drivers can easily get distracted while on the road. Actions such as texting, eating, talking to passengers, or changing the playlist may lead to motorcycle accidents.

Failure to Pay Attention to Motorcycles

Drivers on South Carolina roads may fail to pay attention or simply disregard the wellbeing of motorcyclists, especially due to the size of motorbikes. Such drivers forget that motorcyclists have the same rights while on the road.

Drunk Driving or Drugged Driving

Drugs and alcohol may impair judgment, affect one’s vision, and slow down response time. According to data from the Fatality Analysis Reporting System (FARS), 1,383 motorcycle riders that died in 2019 were alcohol-impaired. They had a blood alcohol concentration (BAC) of 0.08 g/dL or higher.

Faulty Mirrors, Brakes, or Lighting

Defective motorcycle parts may also lead to accidents. Manufacturers and distributors of defective parts can be held liable for injuries and damages.

Unexpected Pedestrians on the Road

Pedestrians who fail to yield the right of way risk causing motorcycle accidents. Drunk pedestrians, pets, and young children may cause motorcyclists to lose control while on the road.

Motorcycle Accident Statistics

Motorcycle accidents happen every day on our roads. According to the National Highway Traffic Safety Administration, 5,019 motorcyclists lost their lives in 2019 all over the U.S. In South Carolina, there were 141 and 153 motorcyclist fatalities in 2018 and 2019, respectively. Greenville County recorded 15 fatalities in 2018 and 12 fatalities in 2019.

Motorcycle hit by a car, Greenville motorcycle accident lawyer concept

What Are the Motorcycle-Specific Laws in South Carolina?

The state of South Carolina has strict motorcycle laws that riders are required to observe. These laws include:

  • All riders and passengers under 21 years of age must wear helmets approved by the Department of Public Safety. Helmets should have a chin or neck strap and contain reflectors on both sides.
  • Motorcyclists carrying passengers must have footrests for their passengers.
  • Riders should not operate their motorbikes unless they are equipped with rearview mirrors.
  • All motorcycles must have permanent seats attached to them.
  • Bikers must not carry passengers unless their motorcycles are designed to carry more than one person.
  • Motorcycles have the right to full use lanes.
  • Motorcycle riders aren’t allowed to operate between traffic lanes or in between adjacent rows of cars.
  • Face shields or goggles must be worn by riders under 21 years of age.
  • Riders must operate their motorcycles while facing forward with a leg on each side of the bike.
  • Motorcyclists must not carry anything that restricts them from comfortably reaching handlebars with both hands.

What Are the Most Common Injuries Seen in Motorcycle Accidents?

Victims of motorcycle accidents can suffer catastrophic injuries. You may sustain permanent injuries after a crash in Greenville, SC. The use of helmets can help to reduce injuries after high-impact motorcycle collisions. Some of the most common injuries that victims of motorcycle wrecks experience are:

Broken Bones

Motorcycle collisions may result in fractured bones. This mostly happens when a rider is ejected from their motorcycle. Some of the signs of broken bones include:

  • Intense pain
  • Protruding bones
  • A misshapen joint
  • Numbness
  • Redness and swelling

Road Rash

During a motorcycle accident, you may experience skin abrasion caused by friction with road surfaces. Road rash may range from mild to severe and exhibit symptoms such as pus from the wound, swollen lymph nodes, pain, and warmth in the affected region.

Head and Brain Injuries

Head injuries can have severe health implications. After an accident, you may suffer a concussion or even experience an internal brain bleed. Such injuries may result in permanent brain damage. Some of the symptoms that you should be on the lookout for include:

  • Loss of consciousness
  • Seizures or convulsions
  • Persistent headaches
  • Dilation of pupils
  • Confusion
  • Loss of short-term memory

Spinal Cord Injuries

A high-impact motorcycle accident may fracture your spine. This may result in paralysis. Some of the symptoms of spinal cord injuries include loss of bowel control, extreme back pain, difficulty breathing, loss of feeling in the legs or arms, and abnormal lumps in the spine.

How is Fault Determined in a Greenville Motorcycle Accident?

South Carolina applies modified comparative negligence laws to determine fault in personal injury cases. To receive compensation, your fault for an accident should be less than 51%. If it is determined that your fault is 50% or less, you may be eligible to receive compensation for damages.

At Hernandez & Cabra, our Greenville motorcycle accident lawyers will use these four elements to determine fault:

  • The defendant owed you a duty of care.
  • The accused breached that duty.
  • Their actions caused your injuries.
  • Their negligence resulted in damages.

Our lawyers will use evidence such as police reports, dashcam footage, and eyewitness statements to prove fault. Documents like medical and employment records can prove the injuries and damages you suffered after your Greenville motorcycle accident.

Greenville motorcycle accident lawyer, woman at desk with scales of justice

What Type of Compensation Can I Receive for My Motorcycle Accident?

Motorcyclists aren’t as protected as drivers of passenger cars or trucks. They are more likely to suffer severe injuries or even death after collisions. If you or someone you care about has been hurt in a motorcycle accident in Greenville, you may be entitled to compensation. Your compensation will be based on the following damages:

Economic Damages

These are out-of-pocket expenses that a victim may have to meet after an accident. They include the cost of medical treatment, property damage to their vehicle, and lost income.

Non-Economic Damages

These are damages that account for how an accident impacts your life. They are subjective damages that don’t have a fixed monetary figure. They include pain and suffering, mental anguish, disfigurement, permanent disability, and loss of consortium.

Punitive Damages

These damages aren’t meant to compensate accident victims but rather to punish defendants for their recklessness. In South Carolina, a plaintiff may receive a punitive award amounting to triple the value of compensatory damages or $500,000, whichever is greater.

Why Was My Motorcycle Accident Claim Denied?

If you file a motorcycle claim in Greenville, there is no guarantee that you’ll receive compensation for damages. Insurance carriers often deny personal injury claims in South Carolina. They’ll try as much as possible to limit or deny your claim. This is why Hernandez & Cabra always advises motorcycle accident victims not to admit fault or interact with insurance adjusters after collisions.

An insurance company may use these grounds to deny your claim in Greenville, SC:

  • The policy was canceled or lapsed
  • They believe the accident was your fault
  • The driver was not insured under the policy
  • They don’t think the accident is what caused your injuries
  • They don’t believe you were really hurt
  • They may argue that you ignored medical care
  • They may claim you left out critical information during your application

If you have received information from the insurer that your claim has been denied, don’t hesitate to get in touch with Hernandez & Cabra. You require the help of a knowledgeable Greenville motorcycle accident lawyer during such times who’ll review your policy and advise you on the next steps. Our legal team will conduct an investigation to find any loopholes and appeal the decision before it’s too late.

Are There Time Limits to Filing a Claim in South Carolina?

Most motorcycle accident claims end up in settlements. However, there are times when insurance carriers may remain uncooperative during negotiations.

During such instances, you may consider filing a Greenville personal injury claim to recover your damages. In South Carolina, you have three years from the date of your motorcycle accident to file a lawsuit. In a wrongful death lawsuit, you also have three years from the date of your loved one’s death to sue the defendant.

If you fail to file your lawsuit during this time, a judge may dismiss your motorcycle accident case. The opposing party may also request a dismissal if you don’t file your case on time.

Contact Hernandez & Cabra to Hire a Greenville Motorcycle Accident Lawyer

When drivers fail to drive safely, catastrophic accidents can occur. If you or your loved one has been hurt in a motorcycle accident, you may be entitled to compensation. You deserve justice if someone else’s recklessness has led to your injuries.

At Hernandez & Cabra, our legal team is ready to represent you. We help injured bikers in Greenville pursue justice and hold liable parties accountable for their actions. Call us now at 864-501-4384 to book your free case review.